36C24124Q0224.docx

36C24124Q0224 Section M

PAGE 1 OF

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NUMBER

6. SOLICITATION ISSUE DATE

a. NAME

b. TELEPHONE NO. (No Collect Calls)

8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY

CODE

10. THIS ACQUISITION IS

UNRESTRICTED OR

SET ASIDE:

% FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ

IFB

RFP

15. DELIVER TO

CODE

16. ADMINISTERED BY

CODE

17a. CONTRACTOR/OFFEROR

CODE

FACILITY CODE

18a. PAYMENT WILL BE MADE BY

CODE

TELEPHONE NO.

UEI:

EFT:

PHONE:

FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19.

20.

21.

22.

23.

24.

ITEM NO.

SCHEDULE OF SUPPLIES/SERVICES

QUANTITY

UNIT

UNIT PRICE

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only) 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

ARE

ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________

29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

(REV. NOV 2021)

PREVIOUS EDITION IS NOT USABLE

Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

36C241-23-AP-0389

36C24124Q0224 Tyler Kenyon 401-215-3421 06-18-2024 14:00

EDT

Department of Veterans Affairs Network Contracting Office (NCO) 1 VISN 1 New England

X X 333112 1500 Employees N/A X Department of Veterans Affairs Veterans Integrated Services Network (VISN) 1, 2, 4, and 5 VAMC Locations Specified at order level

Department of Veterans Affairs

VISN 1, 2, 4, or 5 VAMC locations

See CONTINUATION Page The Government intends to award a multiple-award Blanket Purchase Agreement (BPA) in accordance with FAR 13.303.

procedures. This solicitation is set-aside for 100% Service Disabled Veteran Owned Small Businesses (SDVOSB).

This solicitation shall establish a Firm-Fixed-Price (FFP) Blanket Purchase Agreement (BPA) contract to create a list approved vendors who are able to bid on forthcoming delivery orders in support of VISN 1, 2, 4, and 5.

Any resulting BPA contract will have a Period of Performance from date of award through five years thereafter.

The VA Medical Center (VAMC) facilities are located in VISN 1, 2, 4 and 5 and are further specified in the Statement of Work.

See CONTINUATION Page

TBD

X X Tyler Kenyon Table of Contents

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contracting Officer 36C241 Tyler Kenyon

VISN 1 New England

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

3. INVOICES: Invoices shall be submitted in arrears:

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

B.2 BPA TERMS AND CONDITIONS

This order is subject to the terms referenced in BPA .

SERVICES SUPPLY TO BE PROVIDED: The Department of Veteran Affairs VISN 1 intends to award a Multiple-Award Blanket Purchase Agreement (BPA) for recurring equipment requirements for the Department of Veteran Affairs Veterans Integrated Services Networks (VISN) 1, 2, 4, and 5 medical center locations. All orders placed against this BPA will adhere to the terms and conditions as provided in accordance with FAR 13.303-Blanket Purchase Agreement.

This is a multiple-award BPA therefore each awardee will be provided a fair opportunity to be considered for orders exceeding the micro purchase threshold. The Contracting Officer need not contact each of the multiple awardees under the contract before selecting an order awardee if information is available ensuring each awardee is provided a fair opportunity.

DESCRIPTION OF AGREEMENT: The potential awardee(s) shall enter into an agreement to furnish grounds equipment and any applicable preventative maintenance for forthcoming delivery orders. There is no minimum order provided per awardee. The total maximum order value for supplies or services that will be acquired for each BPA awardee is $7,500,000.00. Price will be evaluated at the order level via competitive offeror requests to the resulting BPA awardees. The Government will request competitive offerors for grounds equipment at the order level, which shall specify the requirement and to include any required accessories, attachments, manuals, or preventative maintenance service plans. The Government reserves the right to request BRAND NAME ONLY or BRAND NAME OR EQUAL ITEMS. If the Government requests a Brand Name Only delivery order, a justification will be included in the order level solicitation in accordance with FAR 5.102(a)(6). Attachment 1 – Equipment List is a list of grounds equipment the Department of Veteran Affairs intends to procure over a five-year contracting period via competitive delivery order solicitations to BPA awardees. In addition to this solicitation, technical acceptability will be evaluated at the delivery order solicitation level as well. The Government intends to award delivery orders based on lowest priced technical acceptability.

Brand Name or Equal: In accordance with FAR 52.211-6 Brand Name or Equal, if an item is identified as “brand name or equal,” the purchase description shall reflect the characteristics and level of quality that will satisfy the Government’s needs. Equipment must meet the salient physical, functional, or performance characteristic specified and shall be clearly identified by Brand name and make or model number. Descriptive literature such as illustrations, drawings, or clear reference to previously furnished descriptive data or information shall be provided as required to the Contracting Officer. Any modifications made to a product in order to make it conform to the requirement shall be clearly identified.

Evaluating Equipment Identified as Equal: The Contracting Officer/Specialist will evaluate equipment identified as “equal” based on information furnished by the offeror or identified in the offer and reasonably available. The Contacting Officer/Specialist is not responsible for locating or obtaining any information not identified in the offer. Unless the offeror clearly indicates in its offer that the equipment being offered is an “equal” product, the offeror shall provide the brand name product referenced or the offeror may be considered non-responsive.

ELIGIBILITY: In order to be determined technically acceptability for a BPA award the contractor shall provide a proposal that includes Volume One and Volume Two in accordance with Sections L - FAR 52.212-1 Instructions to Offerors and FAR 52.212-1 Quotation Instructions. The Technical Evaluation teams will evaluate the contractor responses against Sections M - FAR 52.212-2 Evaluation and FAR 52.212-2 Addendum Evaluation. Failure to submit a proposal that adheres to this solicitation in its entirety will result in an UNNACCEPTABLE rating.

BPA Administration: The Contractor shall contact the Contracting Officer on all matters pertaining to administrations. Only the Contracting Officer is authorized to make commitments or issue changes that will affect the price, quantity, or delivery terms of the contract. The following individuals will handle all contract administration matters:

Contractor:

Contract Officer: Tyler Kenyon Tyler.kenyon@va.gov The BPA holder shall provide written notice to the VHA Contract Service BPA Government points of contact (See section B.1, BPA Administration Data) of any changes to its contracts specifically related to any items on the resultant BPA. Changes include, but are not limited to price decreases, product deletions, and expiration of FSS contract, and/or change in Vendor company information, including contract administrator, company name, address and phone number.

EXTENT OF OBLIGATION: The Government is obligated only to the extent of authorized purchases made under the BPA. This agreement may be terminated upon 30 days written notice by either party.

Cancellation: The cancellation will take effect on the 30th calendar day. Discontinuing or modifying this BPA shall not affect any prior order within the 30-day period. BPA cancellation does not release the contractor from the duty to continue BPA call performance. Ongoing orders continue in accordance with their own period of performance, even if the BPA is cancelled.

PURCHASE LIMITATION: In accordance with FAR 13.303-5, the dollar limit for each individual purchase under this BPA shall not exceed the Simplified Acquisition Threshold (SAT). The Government does not guarantee that it will place any orders under this agreement.

ORDERING: The Government does not guarantee that it will place any order under this agreement. When an order is placed, Contractor shall give a written acceptance which includes the delivery date. If the contractor cannot be reached or does not respond within (3) three days, then purchase will be made with a different Contractor. Upon the second time the Contractor does not respond on time or cannot be reached, Contractor will be removed from the BPA. If the contractor is not able to meet the time and date needed, Contractor shall provide a notification to the government which specifically states that the order request is declined. If the Contractor does not provide the items in the order as requested to include by the delivery date, Government may cancel the order and at no cost to the Government. The Government may also accept and pay for partial orders. After two incidents of non-delivery per the order the Government may remove the contractor from the BPA.

PERIOD OF PERFORMANCE: The Period of Performance (POP) will be a (5) Five Year contract that will commence upon award. The Government may elect to exercise its unilateral right to purchase additional equipment called for by the contract or may elect to extend the term of the contract.

INDIVIDUALS AUTHORIZED TO PURCHASE UNDER THIS BPA: Upon award, the contracting officer will provide a list of individuals authorized to place orders under this agreement. Only the VHA Contract Service Office is authorized to place orders against this BPA. Point of Contact Information will be provided on each individual order.

DELIVERY TICKETS: All shipments under this agreement shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

i (i) Name of supplier.

ii (ii) BPA number.

iii (iii) Date of purchase.

iv (iv) Purchase number.

v (v) Itemized list of supplies or services furnished.

vi (vi) Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information).

vii (vii) Date of delivery or shipment.

Delivery Requirements: All delivery orders shall be made via Freight on Board (FOB) destination to any Veterans Affairs Medical Center (VAMC) locations within the VISN 1, 2, 4, and 5. Deliveries shall be marked and shipped as identified under the delivery order placed against the BPA.

Inspection and Acceptance: Please refer to FAR Clause 52.212-4 and VAAR Clause 852.246-71 – Inspection (incorporated by reference), for further instructions regarding inspection/acceptance procedures section.

Special Shipping Instructions: Prior to shipping, the Contractor shall notify site the applicable Grounds Equipment Managers by telephone and email, of all incoming deliveries including line-by-line details for review of requirements. The Contractor shall coordinate deliveries with POCs before each shipment. All shipments, either single or multiple container deliveries, shall bear the VA’s Order number on external shipping labels and associated manifest or packing lists. In the case of multiple container deliveries, a readable statement near the order number will indicate a total number of containers for the complete shipment (ex. “Package 1 of 2”), clearly readable in manifests and external shipping labels.

INVOICES: A summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

Contractor Remittance Address: All payments by the Government to the contractor will be made in accordance with FAR 52.232-33, Payment by Electronic Funds Transfer --System for Award Management and FAR 52.232-36 Payment by Third Party

Invoice submittals: Invoices will be electronically submitted to the Tungsten website http://www.tungsten-network.com/customer-campaigns/veterans-affairs/ Tungsten direct vendor support number is 1-877-752-0900 for VA contracts. During Implementation (technical set-up) Tungsten will confirm an awardee’s Taxpayer ID Number with the VA-FSC. This process which can take up to 5 days to complete will ensure an awardees invoice is automatically routed to a Certifying Official for approval and payment. In order to successfully submit an invoice to VA-FSC awardee must review “How to Create an Invoice” within the how to guides. All invoices submitted through Tungsten to the VA-FSC should mirror an awardee’s current submission of Invoice, with the following items required. Clarification of additional requirements should be confirmed by the Certifying Official (Awardee’s CO or buyer). In accordance with the Prompt Pay Act and Business Requirements the VA-FSC requires the following specific information:

1. The firm’s Taxpayer ID Number (TIN)

2. the firm’s “Remit Address” information

3. The VA Purchase Order (PO) number

4. The firm’s contact information: (Personal Name, Email, and Phone)

5. The firm’s VA point of contact information: (Personal Name, Email, and Phone)

6. The Period of Performance dates (Beginning and Ending)

7. All discount information if applicable (Percent and Date Terms) For additional information, please contact:

Tungsten Support Phone: 1-877-489-6135 36C24124Q0224 Website: http://www.tungsten-network.com/uk/en/ Page 1 of Page 1 of

B.3 STATEMENT OF WORK

STATEMENT OF WORK

(SOW)

Grounds Equipment BPA

1.0 Background

The Department of Veteran Affairs (VA) Veterans Integrated Service Networks (VISN) 1 is procuring Grounds Equipment and Preventative Maintenance in support of VISN 1, 2, 4, and 5 medical center locations. This requirement establishes a multiple-award blanket purchase agreement (BPA) for grounds equipment and preventative maintenance for the equipment listed in Attachment 1 – Equipment List.

1.1 Places of Performance

The following locations are the delivery addresses that are included on this requirement.

1.2 Authorized Users

The Department of Veteran Affairs VISN 1, 2, 4, and 5 are the only authorized users of the requirement.

2.0 Scope

The Contractor shall furnish all goods and services in accordance with labor, equipment, supervision, quality control, delivery, testing, materials, machines, tools, appliances, and perform all operations in connection with grounds equipment, preventative maintenance inspections (PMI), and repairs.

The Government will issue forthcoming delivery orders as a result of this requirement to provide equipment listed in Attachment 1 - Equipment List. The delivery order request for quote (RFQ) will be issued to all BPA awardees and will specify the requested equipment, attachments, unique specifications, delivery terms, quantity, and the need for a preventative maintenance plan. The Veteran Affairs Medical Centers (VAMC) performance locations listed in SOW section 1.1 may or may not have a dedicated technical team to administer preventative maintenance services. As such, a preventative maintenance plan may not be required for all delivery order RFQs.

The equipment listed in Attachment 1 are specified by make and model. The Government reserves the right to issue delivery order RFQs for BRAND NAME ONLY or BRAND NAME OR EQUAL in accordance with FAR 52.211-6 ‘Brand Name or Equal’.

3.0 Equipment Safety Standards

3.1 ANSI/OPEI B71.10 – 2018 American National Standard for Small Off-Road Ground-Supported Outdoor Power Equipment – Gasoline Fuel Systems – Performance Specifications and Test Procedures

3.2 ANSI/OPEI B71.4 – 2017 – American National Standard for Commercial Turf Care Equipment – Safety Specifications ANSI/OPEI B71.7 – 2018 American National Standard for Powered Consumer Ram-Type Log Splitters – Safety Specifications

3.3 ANSI/OPEI B71.9 – 2016 American National Standard for Multipurpose Off-Highway Utility Vehicles

3.4 ANSI/OPEI Z135 – 2020 American National Standard for Personal Transport Vehicles – Safety and Performance Specifications

4.0 Technical Requirements

4.1 Deliver and Assemble Grounds Equipment

The Contractor is tasked with supplying commercial off the shelf (COTS) grounds equipment to VAMC locations located throughout VISN 1, 2, 4, and 5. The Contractor shall provide commercially available grounds equipment, meeting the specifications outlined in the contract and any associated documentation. The Contractor shall ensure that all equipment supplied is new, unused, and in compliance with applicable industry standards and regulations.

The Contractor shall assemble and package the equipment securely for transport and delivery to the designated destination, taking necessary precautions to prevent damage or loss during transit. Upon issues concerning delivery or assembly, the Contractor shall notify the Government of issues encountered and provide corrective actions.

4.1.1 Quality Assurance for Delivery and Assembly

The Contractor shall comply with the Quality Assurance Standards in accordance with the provisions of Outdoor Power Equipment Institute (OPEI). The Contractor shall guarantee the quality and functionality of the supplied grounds equipment, warranting that it is free from defects and suitable for its intended purpose. The Contractor shall provide assurances of compliance with any applicable warranties or guarantees offered by the manufacturer or contractor.

4.1.2 Grounds Equipment Managers

Upon receipt of a delivery order award the BPA awardee Contractor shall contact the respective delivery location’s ground equipment point of contact (POC). The Contractor shall coordinate delivery and assembly for the required equipment 48 hours prior to onsite work to allow for coordination of Temporary ID Badges from the VA Police Department or PIV Department. Contractor and Staff are required to wear their ID Badges at all times while on the VA campus.

4.2 Preventive Maintenance Plans

For delivery orders that require preventative maintenance plans, the Contractor is tasked with providing comprehensive preventative maintenance services for all grounds equipment covered under the contract, adhering to original equipment manufacturer's (OEM) recommendations to ensure optimal performance and longevity.

4.2.1 Frequency of Service

The Contractor shall establish a regular maintenance schedule in accordance with manufacturer's recommendations and contract specifications. The Contractor shall schedule preventative maintenance visits at appropriate intervals to ensure consistent upkeep of all grounds equipment.

4.2.2 Reporting and Communication

The Contractor shall submit detailed maintenance reports after each service visit, outlining the tasks performed and any observations or recommendations for further action. The Contractor shall maintain open communication channels with the Grounds Equipment Managers in accordance with Section 4.1.2 to address any concerns, discuss equipment performance, and coordinate service appointments.

4.2.3 Quality Assurance for Preventative Maintenance

The Contractor shall ensure that all preventative maintenance services are conducted with the highest level of professionalism, expertise, and attention to detail. This includes but is not limited to, guaranteeing the use of genuine manufacturer-approved parts and materials for all maintenance and repair tasks in addition to ensuring the quality of workmanship and promptly address issues or deficiencies that may arise.

4.3 Jobsite Safety

4.3.1 Jobsite - When performing onsite work, the Contractor shall secure the work area and install appropriate safety barriers and or fencing as required prior to commencement of work and will remove the barriers and or fencing when work is completed.

4.3.2 Welding, Cutting and Brazing - Notification of all welding, cutting and brazing operations shall be completed by the Hot Work Permit submitted for approval through the applicable Grounds Equipment Manager. During any Hot Work the contractor shall comply with NFPA 10 and have compliant fire extinguisher that is commensurate to the level of work being performed.

4.3.3 Personal Protection Equipment - Contractor shall ensure that all Employees and Sub Contractors are wearing all the required PPE, Hard Hats, Safety Boots, Vests, Safety Glasses, and gloves and or additional PPE suitable for work being performed as required.

4.4 Testing

The Contractor shall cover the costs of all required tests, unless specifically indicated as being performed by the Government, at the Contractor’s expense. The Contractor shall schedule all tests and notify the applicable Grounds Equipment Manager in a timely manner prior to any required testing. All test results shall be submitted to the Grounds Equipment Manager.

4.5 Clean Up

The Contractor shall keep the job site, trailer building(s) (if approved), and storage area(s) clean, neat, workman like condition, free from accumulation of waste, rubbish, weeds, overgrown grass, or maintenance debris to the satisfaction of the Grounds Equipment Manager, this includes all oils and lubricants which shall be stored off site and disposed of by the contractor at an approved recycle facility. All loose or lightweight materials shall be secured to prevent blowing or scattering. Upon completion of tasking, the Contractor shall leave the applicable VAMC and storage area(s) in a clean, neat, and workmanlike condition satisfactory to the condition in which the place of performance was found.

4.6 Storage Areas (Temporary Field Office, Staging Area, Tool/Job Shack, and other Contractor Facilities)

At time of execution of this contract, there are no Government furnished covered or secured storage areas.

Limited storage may be permitted (via written approval) at the discretion and approval of the applicable Grounds Equipment Manager and on a space available basis only.

Contractor plans involving temporary storage, or other maintenance buildings shall be submitted to the applicable Grounds Equipment Manager for Government Approval. Utilities at the storage area may or may not be available for Contractor use dependent on the specific storage area. The Government implies no responsibility for lost or stolen materials, equipment or tools, the security of which lies solely with the Contractor.

4.7 Contractor’s Point of Contact

The Contractor shall designate one (1) employee as the Point of Contact (POC) responsible for administrative matters in the performance of services under this contract. The POC shall have full authority to act for Contractor on all matters relating to the daily performance of this contract. An alternate may be designated, but the Contractor shall notify the Contracting Officer and COR in writing those times when the alternate shall act as the POC. The Contractor shall provide the name and telephone number of the person designated as Point of Contact and Alternate on the space below:

Point of Contact, Name: _______________________ Telephone Number: __________________________ E-mail Address: _____________________________ Alternate Point of Contact, Name: _____________________________________ Telephone Number: ________________________________________________ E-mail Address: _______________________________________________

4.8 Documentation Requirements

4.8.1 Quality Control Checks and Compliance

The Contractor shall adhere to all VA facilities (mentioned in SOW Section 1.1) directed Gate Reviews, when performing onsite work. Contractor performance found not to be in compliance with this contract shall be promptly corrected in the approved manner in accordance with contract terms and conditions.

4.8.2 Manuals, Invoices, Packing Lists, Certificates of Compliance

The Contractor shall furnish all necessary documentation, including manuals, invoices, packing lists, and certificates of compliance, to accompany the delivered equipment. The Contractor shall ensure that the equipment meets any regulatory requirements or certifications mandated by the manufacturer or relevant authorities.

4.9 Work Schedule and National Federal Holidays

4.9.1 Work Schedule

Working Hours are from 0730 to 1630 excluding Saturdays, Sundays, and Federal Holidays. If the Contractor desires to work during periods other than the above at the VA facilities listed in SOW section 1.1, a written request must be made to the applicable Grounds Equipment Manager within four (4) calendar days in advance of their intention. If the required base personnel are reasonable available, the applicable Grounds Equipment Manager may agree to allow the Contractor to perform work during periods other than normal duty hours/days.

4.9.2 National Federal Holidays

In accordance with 5 U.S.C. 6103, Executive Order 11582 and Public Law 94-97 the following National holidays are observed and for the purpose of this Contract are defined as “Legal Federal official holidays”:

New Year’s Day: January 1

Martin Luther King‘s Birthday: Third Monday in January

President’s Day: Third Monday in February

Memorial Day: Last Monday in May

Juneteenth Independence Day: June 19

Independence Day: July 4

Labor Day: First Monday in September

Columbus Day: Second Monday in October

Veterans Day: November 11

Thanksgiving Day: Fourth Thursday in November

Christmas Day: December 25

When one of the holidays fall on a Sunday, the following Monday will be observed as a National Federal Holiday. When one of the holidays fall on a Saturday, the preceding Friday will be observed as a National Federal Holiday.

B.4 PRICE/COST SCHEDULE

ITEM INFORMATION

Grounds Equipment and any required Preventative Maintenance. Other related equipment to include accessories, add-ons, warranty considerations and FOB destination shipping. DO NOT ENTER PRICING. THIS SOLICITATION IS NOT REQUESTING PRICING. PLEASE REFER TO SECTIONS L & M TO DETERMINE CONTRACT ELIGIBILITY.

Contract Period: Base POP Begin:

POP End:

PRINCIPAL NAICS CODE: 333112 - Lawn and Garden Tractor and Home Lawn and Garden Equipment Manufacturing PRODUCT/SERVICE CODE: 2420 - Tractors, Wheeled

B.5 DELIVERY SCHEDULE

Specified at delivery order level

USA

1.00

207-623-8411 x4417 lisa.newell@va.gov

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered; and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at Federal Acquisition Regulation (FAR) 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212-5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in FAR 32.608-2 in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause) ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (AUG 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from AWARD EFFECTIVE DATE through 5 YEARS THEREAFTER.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor’s fax number; or

(3)…